[Federal Register Volume 64, Number 1 (Monday, January 4, 1999)]
[Notices]
[Pages 184-186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34742]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
Washington State Standards; Notice of Approval
1. Background. Part 1953 of Title 29, Code of Federal Regulations,
prescribes procedures under Section 18 of the Occupational Safety and
Health Act of 1970 (hereinafter called the Act) by which the Regional
Administrator for Occupational Safety and Health (hereinafter called
Regional Administrator) under a delegation of authority from the
Assistant Secretary of Labor for Occupational Safety and Health
(hereinafter called the Assistant Secretary) (29 CFR 1953.4) will
review and approve standards promulgated pursuant to a State plan which
has been approved in accordance with Section 18(c) of the Act and 29
CFR Part 1902. On January 26, 1973, notice was published in the Federal
Register (38 FR 2421) of the approval of the Washington plan and the
adoption of Subpart F to Part 1952 containing the decision.
The Washington plan provides for the adoption of State standards
that are at least as effective as comparable Federal standards
promulgated under Section 6 of the Act. Section 1953.20 provides that
where any alteration in the Federal program could have an adverse
impact on the at least as effective as status of the State program, a
program change supplement to a State plan shall be required.
In response to a Federal standard change, the State submitted by
letter dated September 2, 1994, from Mark O. Brown, Director, to James
W. Lake, Regional Administrator, a state standard amendment comparable
to 29 CFR 1910.1200, 1926.59, 1915.1200, 1917.28, 1918.90 and
1928.21(a)(5), Hazard Communication for General Industry, Construction,
Maritime and Agriculture, as published in the Federal Register on
[[Page 185]]
February 9, 1994 (59 FR 6126). The state standards were adopted by
Administrative Order 94-08 on August 3, 1994, with an effective date of
September 12, 1994. The major difference is that there is no exemption
for nuisance particulates. Employers must also follow the state's
permissible exposure limits (PELS) for evaluation of employee exposures
and training, not the ones listed on a material safety data sheet. A
review of the standard revealed discrepancies and the submission was
returned to the State for correction. On November 17, 1995, the state
submitted by letter from Mark O. Brown, Director, to Richard S.
Terrill, Acting Regional Administrator, corrections to the
discrepancies and state standard amendments in response to the federal
Hazard Communication standard amendments published in the Federal
Register on December 22, 1994 (59 FR 65947). The state standard
amendments were adopted by Administrative Order 94-19 on October 20,
1995, effective January 16, 1996. A review of the amendments revealed
discrepancies and the submission was returned to the State for
correction. On July 10, 1997, the state submitted by letter from Gary
Moore, Director, to Richard S. Terrill, Acting Regional Administrator,
the requested corrections. The corrections were adopted by
Administrative Order 96-15 on May 20, 1997, effective August 1, 1997.
The state standards are contained in WAC 296-62-054.
In response to a Federal standard change, the state submitted by
letter dated October 14, 1994, from Mark O. Brown, Director, to James
W. Lake, Regional Administrator, state standard amendments comparable
to 29 CFR 1910.137, Electrical Protective Equipment, as published in
the Federal Register on January 31, 1994 (59 FR 4435) and 29 CFR
1910.135, Head Protection, as published in the Federal Register on
April 6, 1994 (59 FR 16362). The state standards were adopted by
Administrative Order 94-16 on September 30, 1994, effective November
20, 1994. A review of the standard revealed discrepancies and the
submission was returned to the State for correction. On May 8, 1996,
the state submitted by letter from Mark O. Brown, Director, to Richard
S. Terrill, Acting Regional Administrator, the requested corrections
and the standards are contained in WAC 296-24-084 and WAC 296-24-092.
The change was adopted by Administrative Order 96-01 on April 10, 1996,
effective June 1, 1996. The original state standard for Head
Protection, WAC 296-24-084, received approval on January 30, 1976 (41
FR 4689).
In response to Federal standard changes, the state submitted by
letter dated July 10, 1997, from Gary Moore, Director to Richard S.
Terrill, Acting Regional Administrator, a state standard amendment
comparable to 29 CFR 1910.133(a)(1), (a)(2), (a)(3) & (a)(5), Eye and
Face Protection, 1910.135(a)(1) & (a)(2), Head Protection and
1910.136(a), Foot Protection as published in the Federal Register on
May 2, 1996 (61 FR 19548) and May 9, 1996 (61 FR 21228). The state
standards are contained in WAC 296-24-078, WAC 296-24-084 and WAC 296-
24-088, and were adopted by Administrative Order 96-15 on May 20, 1997,
effective August 1, 1997. The original state standards for Eye and Face
Protection, Head Protection and Foot Protection received approval on
January 30, 1976 (41 FR 4689).
In response to a Federal standard change, the State submitted by
letter dated October 17, 1997, from Gary Moore, Director, to Richard S.
Terrill, Acting Regional Administrator, a state standard comparable to
29 CFR 1910.1051, 1910.1000, Table Z-1, 1915.1000, 1926.55 and 1910.19,
1,3-Butadiene, as published in the Federal Register on November 4, 1996
(61 FR 56745). The state standard amendment was adopted on September 5,
1997, effective November 5, 1997, under Washington Administrative Order
97-07. The state standards are contained in WAC 296-62-07460.
In response to a Federal standard change, the state submitted by
letter dated October 20, 1997, from Gary Moore, Director, to Richard S.
Terrill, Acting Regional Administrator, a state standard comparable to
29 CFR 1910.19(m), 1910.1000, 1910.1052, 1915.1052, 1926.55 and
1926.1152, Methylene Chloride, as published in the Federal Register on
January 10, 1997 (62 FR 1494). The state standard amendment was adopted
on September 2, 1997, effective December 1, 1997, under Washington
Administrative Order 97-08. The state standards are contained in WAC
296-62-07470.
In a response to Federal standard changes, the State has submitted
by letter dated November 26, 1997, from Michael A. Silverstein, M.D.,
Assistant Director, to Richard S. Terrill, Acting Regional
Administrator, State standards comparable to 29 CFR 1910.272, Grain
Handling Facilities as published in the Federal Register (61 FR 9577)
on March 8, 1996. The state standard amendment was adopted on November
3, 1997, effective January 1, 1998, under Washington Administrative
Order 96-17. The main difference is that the State standard is written
in plain language format. The state standards are contained in WAC 296-
99.
In response to Federal standard changes, the State has submitted by
letter dated April 3, 1998, from Michael A. Silverstein, Assistant
Director, to Richard S. Terrill, Acting Regional Administrator, a State
standard comparable to the Federal standard, 1926.450, 1926.451,
1926.452, 1926.453, 1926.454 and Appendix A, C, D and E, Scaffolds,
published in the Federal Register (61 FR 46026) on August 30, 1996. The
State standard was adopted on February 13, 1998, effective April 15,
1998, under Administrative Order 97-10. The state standards are
contained in WAC 296-155-481 through 498.
On its own initiative, the State of Washington has submitted by
letter dated February 8, 1991, from Joseph A. Dear, Director, to James
W. Lake, Regional Administrator, a State standard for Crane and Derrick
Suspended Personnel (Work) Platforms. The State's submission was
adopted on January 10, 1991, effective February 12, 1991, under
Washington Administrative Order 90-18. A review of the standard
revealed discrepancies and the submission was returned to the State for
correction. On May 16, 1996, the State submitted a corrective amendment
that made the changes requested. This submission was adopted on April
10, 1996, effective June 1, 1996, under Washington Administrative Order
96-01. The major difference is the broader scope: the standard applies
not just to construction industry employers, but to all employers who
use cranes and derricks. The State standard is contained in WAC 296-24-
23533. The original state standard for Overhead and Gantry Cranes, WAC
296-24-235, received approval on January 26, 1973 (38 FR 2421).
On its own initiative, the State of Washington has submitted by
letter dated September 7, 1995, from Mark O. Brown, Director, to
Richard S. Terrill, Acting Regional Administrator, corrections to the
Safety Standards for Cranes and Derricks used in Construction, WAC 296-
155-525. The State's submission was adopted on August 8, 1995,
effective September 25, 1995, under Washington Administrative Order 95-
04. The state added definitions and an appendix from applicable ANSI/
ASME standards. A review of the standard revealed discrepancies and the
submission was returned to the State for correction. On June 27, 1997,
the State submitted a corrective amendment that made the requested
changes. This submission was adopted on May 20, 1997, effective
[[Page 186]]
August 1, 1997, under Washington Administrative Order 96-15. The
original state standard for Cranes and Derricks in Construction, WAC
296-155-525, received approval on February 9, 1982 (47 FR 5956).
On its own initiative, the State of Washington has submitted by
letter dated January 26, 1998, from Michael A. Silverstein, Assistant
Director, to Richard S. Terrill, Acting Regional Administrator, a state
standard change to Chapters 296-62-11015 WAC and 296-24-675 WAC, Safe
Practices of Abrasive Blasting Operations. The amendments to Chapter
296-24-675 incorporates similar language on abrasive blasting found in
Chapter 296-62-11015, and simplifies or clarifies this language. The
requirements in Chapter 296-62 were deleted and a reference is made to
the new consolidated standard in Chapter 296-24. The State's submission
was adopted on December 26, 1997, effective March 1, 1998, under
Washington Administration Order 98-18. The original state standards
received approval on August 17, 1976 (41 FR 34837).
On its own initiative, the State submitted by letter dated February
27, 1998, from Michael A. Silverstein, Assistant Director, to Richard
S. Terrill, Acting Regional Administrator an amendment to their
standard for Guarding of Abrasive Wheel Machinery, WAC 296-24-18005.
The amendment was made to incorporate a previously approved Washington
Regional Directive 6.69 which was adopted in response to OSHA Directive
STD 1-12.26A. The State amendment was adopted on December 31, 1997,
effective January 31, 1998, under Washington Administrative Order 97-
22. The original state standard received approval on June 4, 1976 (41
FR 22655).
The administrative orders were adopted pursuant to RCW
34.04.040(2), 49.17.040, 49.17.050, Public Meetings Act RCW 42.30,
Administrative Procedures Act RCW 34.04, and the State Register Act RCW
34.08.
2. Decision. OSHA has determined that the State standards
amendments for Electrical Protective Equipment, Head Protection, Eye
and Face Protection, Foot Protection, 1,3-Butadiene, Methylene
Chloride, Abrasive Blasting, Guarding of Abrasive Wheel Machinery,
Scaffolds, Grain Handling, Hazard Communication (1996-1997 changes),
Cranes and Derricks (1997 change), and Crane and Derrick Suspended
Personnel Platforms (1998 change) are at least as effective as the
comparable Federal standards, as required by Section 18(c)(2) of the
Act. OSHA has also determined that the differences between these State
and Federal standards amendments are minimal and that the amendments
are thus substantially identical. OSHA has determined that the earlier
State standard amendments for Hazard Communication, Crane and Derrick
Suspended Personnel Platforms and Cranes and Derricks are at least as
effective as the comparable Federal standard, as required by Section
18(c)(2) of the Act. The Hazard Communication amendment has been in
effect since September 12, 1994, the Crane and Derrick Suspended
Platforms amendment has been in effect since February 12, 1991, and the
Crane and Derrick standard amendments have been in effect since
September 25, 1998. During this time OSHA has received no indication of
significant objection to the State's different standards either as to
their effectiveness in comparison to the Federal standard or as to
their conformance with the product clause requirements of section
18(c)(2) of the Act. (A different State standard applicable to a
product which is distributed or used in interstate commerce must be
required by compelling local conditions and not unduly burden
interstate commerce.) OSHA, therefore approves these standards
amendments; however, the right to reconsider this approval is reserved
should substantial objections be submitted to the Assistant Secretary.
3. Location of Supplement for Inspection and Copying. A copy of the
standards supplement, along with the approved plan, may be inspected
and copied during normal business hours at the following locations:
Office of the Regional Administrator, Occupational Safety and Health
Administration, 1111 Third Avenue, Suite 715, Seattle, Washington
98101-3212; State of Washington Department of Labor and Industries,
Division of Industrial Safety and Health, 7273 Linderson Way, S.W.,
Tumwater, Washington 98501; and the Office of State Programs,
Occupational Safety and Health Administration, Room N-3476, 200
Constitution Avenue, NW, Washington, D.C. 20210. For electronic copies
of this Federal Register notice, contact OSHA's Web Page at http://
www.osha.gov/.
4. Public Participation. Under 29 CFR 1953.2(c), the Assistant
Secretary may prescribe alternative procedures to expedite the review
process or for other good cause which may be consistent with applicable
laws. The Assistant Secretary finds that good cause exists for not
publishing the supplement to the Washington State Plan as a proposed
change and making the Regional Administrator's approval effective upon
publication for the following reasons:
1. The standard amendments are as effective as the Federal
standards which was promulgated in accordance with the Federal law
including meeting requirements for public participation.
2. The standard amendments were adopted in accordance with the
procedural requirements of State law and further public participation
would be repetitious.
This decision is effective January 4, 1999.
(Sec. 18, Pub. L. 91-596, 84 STAT. 6108 [29 U.S.C. 667])
Signed at Seattle, Washington, this 16th day of October, 1998.
Richard S. Terrill,
Acting Regional Administrator.
[FR Doc. 98-34742 Filed 12-31-98; 8:45 am]
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